# The Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2009

S.I. 2009/3352 · made 15 December 2009

These Regulations amend the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 to provide that the court may not make a recovery of defence costs order against an individual who has publicly funded legal representation where the individual has already been assessed for liability to make payments towards the costs of that representation.

Made under: Access to Justice Act 1999 (Section 17, Section 26)

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-recovery-of-defence-costs-orders-amendment-regulations-2009/pdf/uksi_20093352_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-recovery-of-defence-costs-orders-amendment-regulations-2009/pdf/uksiem_20093352_en.pdf

## Introductory text

Legal Services Commission, England And Wales
Made 15th December 2009
Laid before Parliament 21st December 2009
Coming into force 11th January 2010
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 17(3) and 26 of the Access to Justice Act 1999.

## 1 Citation and commencement

These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2009 and come into force on 11th January 2010.

## 2 Amendment to the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001

In regulation 4 of the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001—
(a) in paragraph (1), for “or (4)” substitute “(4) or (5)”;
(b) after paragraph (4) insert—
“(5) An RDCO shall not be made where an assessment has been made under regulation 6(1) of the Criminal Defence Service (Contribution Orders) Regulations 2009.”.

## Signature

Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
15th December 2009

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 to provide that the court may not make a recovery of defence costs order against an individual who has publicly funded legal representation where the individual has already been assessed for liability to make payments towards the costs of that representation.
An impact assessment relating to the introduction of means testing in the Crown Court is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ or atwww.justice.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2009/3352 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-recovery-of-defence-costs-orders-amendment-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.